Expulsion and re-entry ban

In certain cases a foreign national may be expelled from Iceland if he/she does not meet the requirements to stay in Iceland, cf. the Act on Foreigners no. 80/2016. Expulsion generally entails an entry ban to Iceland and the Schengen area.

Different rules apply to expulsion of EEA and EFTA citizens and citizens of other countries. Authorizations for expulsion are more stringent depending on the extent of the rights of a person to stay in Iceland.

A foreign national who does not have a residence permit in Iceland may be expelled, for example, in the following instances:

If he/she is staying in Iceland illegally;

if he/she has seriously or repeatedly been in serious breach of the provisions of the Act on Foreigners, has submitted incorrect or obviously misleading information, or has not honored an order to leave the country;

if he/she, over the last five (5) years has served a penal sentence abroad or been sentenced for conduct which, according to Icelandic law, could result in imprisonment for more than three (3) months, or has been sentenced in Iceland for conduct that could result in imprisonment longer than three (3) months or has been sentenced more than once to imprisonment over the last three (3) years;

if he/she has been refused entry or expelled from a Schengen member state for violations of the provisions of law regarding arrival and stay by foreign nationals;

if this is considered necessary on grounds of national security or public interest.

A foreign national holding a residence permit may be expelled, for example, in the following instances:

If he/she has seriously and repeatedly violated the provisions of the Act on Foreigners, has submitted incorrect or obviously misleading information, or has not honored an order to leave the country;

if he/she, over the last five (5) years has served a penal sentence abroad or been sentenced for conduct which, according to Icelandic law, could result in imprisonment for more than one (1) year, or has been sentenced in Iceland for conduct that could result in imprisonment for more than one (1) year or has been sentenced more than once to imprisonment over the last three (3) years;

if this is considered necessary on grounds of national security or public interest.

A foreign national holding a permanent residence permit may be expelled, for example, in the following instances:

If he/she has served a sentence or been sentenced for conduct that could result in three (3) years imprisonment or more according to Icelandic law, and occurred over the last five (5) years abroad or last year in Iceland;

if this is considered necessary on grounds of national security or public interest.

If this is considered necessary on grounds of public order and national security. In such instances, however, the conduct of the individual must pose a real, pending or sufficiently serious threat against the society’s basic interests. Expulsion shall not only be based on general preventive grounds. If the individual has received a penal sentence or special measures have been decided, expulsion for this reason is only permissible if this pertains to conduct that could indicate that the person in question may commit a criminal offence again. Previous penal offences alone are not sufficient for expulsion being ordered;

If this is necessary on grounds of public health;

if the individual does not meet the requirements of the Act on Foreigners regarding authorization to stay in Iceland.

According to the Act on Foreigners, determining the expulsion of a foreign national shall focus on whether the expulsion, considering the circumstances of the case, the gravity of an offence or a foreign national’s connection to Iceland, would entail unfair measure towards the foreign national or his/her immediate relatives. Special consideration shall be exercised if this involves a child or the immediate relatives of a child and therefore the best interests of the child shall prevail when entering into a decision. This does not apply, however, if expulsion is necessary because of national security or public interest. In instances of EEA or EFTA citizens, the consideration shall focus, among other things, on the length of stay in Iceland, age, health, social and cultural adjustment, family and financial situation, and the connection of the individual to his/her home country. Furthermore, expulsion may not be an automatic consequence of an EEA or EFTA citizen or his/her relative having sought social assistance.

A foreign national who was born in Iceland may not be expelled if he/she has lived permanently in Iceland since birth according to Registers Iceland. A Nordic citizen who has lived in Iceland for more than three (3) months may only be expelled if his/her conduct could result in one (1) year imprisonment or more. A decision on expulsion shall furthermore not be made in instances of EEA or EFTA citizens if the individual has the right to unlimited stay unless serious reasons prevent this on grounds of public order or public safety, and if the individual has not been permanently domiciled in Iceland for 10 years, unless a decision on expulsion is made on grounds of urgent circumstances pertaining to public safety.

Generally, expulsion entails a refusal of a later entry to Iceland. A re-entry ban may be permanent or temporary, however, not shorter than two (2) years. When determining how long a re-entry ban should be, the Directorate of Immigration takes into account all circumstances in every single case, as well as the prevailing provisions of law and regulations. An application may be made on a revocation of a re-entry ban if the circumstances have changed from such time the decision on expulsion was made. In certain instances the person who has been expelled may receive an authorization for a brief visit to Iceland without the entry ban being revoked.

When a citizen outside of the EEA or EFTA is expelled, the expulsion and the re-entry ban may be registered in the Schengen Information System in which case the re-entry ban applies to all areas within the Schengen member states, unless any single state especially authorizes entry in the relevant country.

The National Commissioner of the Icelandic Police is responsible for registration in the Schengen Information System and generally the re-entry ban is deemed to be effective on the date the individual leaves Iceland.